Expert: Anne - 6/10/2008

Question
i was making a let hand turn into a school drive way with my blinker on when i was rear ended totaling my car, the insurance company do not want to pay me anything, because i only have liability,the police report says the other driver is at fault and was given a careless driving ticket.
this was my only car and i have no money to replace it. what do i do now that the insurance company wont help.

Answer
Hi Karen,

Well, I am concern as to the reason why the insurance company does not want to pay. If they are just dragging their feet or they are believing their insured (assuming the guy is blaming you), then you have some recourse, you can sue this guy for your damages. Usually taking to an attorney to send a letter of (pay or get ready to defend) will get them moving. You can have the attorney send a carbon copy to the guy that hit you. This can get them to take a proactive action.

Now, if they are not paying because this guy did not have insurance at the time (he did not pay premium for example). Then you can be left without a way to recover against him. Again, the best thing in this case is to talk to a local attorney and see what you can do.

Find out why they are not paying. If there is coverage, with the facts that you describe, the insurance company should move ahead and total your car and pay your damages.

Good Luck,
Anne
http://www.spokanelegalhelp.com